Newport Beach : Mother of Youth Injured While Diving Files Suit

A Claremont woman has sued Newport Beach and the county, claiming negligence in an August beach accident that left her 17-year-old son a quadriplegic.

On Aug. 15, Edward Tessier dived into the surf off B Street and hit a sand bar in an accident that left him paralyzed, according to the lawsuit filed by his mother, Catherine.

Tessier’s accident is nearly identical to that involving John Taylor, also of Claremont, who won a $6-million judgment in October in his negligence suit against Newport Beach.

In that case, a Superior Court jury found the city liable for the 1980 accident that left Taylor, then 18, a quadriplegic. Taylor contended that the city should have posted signs warning beachgoers of the dangers of diving into the surf.

Since that verdict, city officials have discussed posting signs but are still considering their location and wording. City officials have said that the signs probably will not prevent swimmers from being injured but that they would help protect the city from lawsuits and awards.

Tessier, who was 16 at the time of his accident, is being treated at UCI Medical Center, according to his attorneys.

The lawsuit on his behalf seeks unspecified damages for medical costs, pain and suffering and future loss of earnings. In October--before there was a verdict in the Taylor case--Tessier’s attorneys filed a $10-million claim with the city that was rejected.